THE HAGUE: War crimes judges at the UN Court in The Hague yesterday imposed a defence lawyer on Mr Slobodan Milosevic, ruling that he was too ill to be allowed to continue doing the job himself.
Amid furious protests from the former Yugoslav president, the three-strong panel of judges announced that his case would be taken by a British barrister, Mr Steven Kay.
The decision ends months of agonising by the tribunal over whether the ailing Mr Milosevic is too sick to run his own case.
"The accused is not fit enough to defend himself," said presiding judge Patrick Robinson.
But Mr Milosevic (63), sitting in the dock, demanded the right to appeal. "I want the appeals chamber to consider this decision of yours illegal," he said. "You cannot deny me the right to defend myself."
In a fraught session in the tribunal's Courtroom One, Mr Milosevic accused the court of trying to muzzle him, saying "when it's the turn of the truth to be told, I am silenced."
Judge Robinson then cut the power to his microphone, telling him the decision had already been taken. When it was switched back on again and Mr Milosevic was asked if he had any final comments, he threw up his hands and said: "So go ahead and deal with it."
Mr Kay, a Queen's Counsel based in London, has already been present at the trial working in the advisory role of amicus curiae, or friend of the court.
He had earlier in the case argued passionately for Mr Milosevic to retain the right to defend himself.
Since the case opened in February 2002, Mr Milosevic, on trial for charges including genocide and crimes against humanity, has frequently clashed with judges who have accused him of making political statements.
Bouts of flu and high blood pressure have seen months of time lost and the start of his defence case was delayed five times this summer, with doctors ruling him unfit to stand trial.
Mr Milosevic insisted he could not be held responsible for his continuing illnesses. "I'm hearing for the first time that someone who can fall ill is denied their right to defence which is guaranteed by all conventions of human rights," he said.
But this week came news that he was failing to take his heart pills and was taking other substances apparently intended to worsen his health.
Prosecutors seized on this to claim that Mr Milosevic was in effect obstructing justice, and the judges appear to have agreed.
It is unclear what sort of defence Mr Kay will run if, as Mr Milosevic has previously said, he refuses to co-operate. Mr Kay, an experienced war crimes barrister, has followed the case but will lack crucial inside information that could help Mr Milosevic's defence.
This will put Mr Milosevic in the unusual position of obstructing a lawyer trying to help him defend himself.
Likely to breathe a sigh of relief will be British Prime Minister Mr Tony Blair, French President Jacques Chirac and former American President Bill Clinton. All had been called as witnesses by Mr Milosevic, apparently for political reasons.
As none of these men played a part in Mr Milosevic's command decisions, it is unlikely that Mr Kay will decide to summon them.